American Soldiers Charged with War Crimes in Afghanistan?

The International Criminal Court (ICC) continues to pursue actions against U.S. citizens, including veterans of the wars in Iraq and Afghanistan, stating that they will  proceed with possible charges of war crimes committed by American soldiers.

National Security Adviser John Bolton declared, “The United States will use any means necessary to protect our citizens and those of our allies from unjust prosecution by this illegitimate court.”

The court is based in the Hague, Netherlands.  Founded in 2002, the United States and Russia (among other nations) refused to ratify the treaty or join the legal body.  President George W. Bush was firmly against the establishment of the court.  President Obama tried to cooperate with the ICC but was largely thwarted by bipartisan opposition in Congress.

Since Afghanistan became a party to the ICC in 2003, the court now claims jurisdiction over potential criminal acts committed in a member state, even if allegedly committed by individuals whose country of origin (for example, the United States) is not a signatory to the Rome Treaty that established the international judiciary.
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The claims that war crimes charges may be brought against American Soldiers for their actions in Afghanistan is not new. In November 2016, the New York Times reported that "The prosecutor of the International Criminal Court said Monday that she had a “reasonable basis to believe” that American soldiers committed war crimes in Afghanistan, including torture."

While the United States does not recognize the ICC; as of October 2017, 123 states (countries) are parties to the Statute of the Court, including all the countries of South America, nearly all of Europe, most of Oceania and roughly half of Africa. A person (including American Soldiers) charged with war crimes by the ICC, could be denied visas for foreign travel by countries that recognize the ICC, or even arrested by a country that is a party to the Statute of the Court, when traveling abroad.